BILL NUMBER: SB 976	CHAPTERED  10/10/99

	CHAPTER   671
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 21, 1999
	AMENDED IN SENATE   MAY 13, 1999
	AMENDED IN SENATE   APRIL 6, 1999

INTRODUCED BY   Senator Perata

                        FEBRUARY 26, 1999

   An act to amend Sections 75071, 75080, and 75590 of, and to add
Section 75094 to, the Government Code, relating to retired judges.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 976, Perata.  Retired judges:  benefits.
   Under the Judges' Retirement Law, a judge may elect various
optional settlements, one of which consists of the right to have a
retirement allowance paid him or her until his or her death and if he
or she dies before he or she receives the amount of his or her
accumulated contributions at retirement, to have the balance at death
paid to his or her surviving spouse or estate.
   This bill would add his or her surviving adult children as
elective recipients of the balance paid at death under this optional
settlement.
   Under the Judges' Retirement Law, if a judge, following retirement
for disability, engages in the practice of law or other gainful
occupation, other than a public office, his or her retirement
allowance is reduced by a specified amount until he or she reaches
the age of 70.  However, if that judge holds a public office while
less than 70 years of age, his or her retirement allowance ceases
permanently.
   Under this bill, the reduction in retirement allowance would apply
until the judge reaches service retirement age and the retirement
allowance of a judge who holds a public office following retirement
for disability would not cease but would, instead, be subject to that
reduction.  The bill would also provide that the retirement
allowance of a judge would cease if he or she, following retirement
for disability, engages in the practice of law or other gainful
occupation that requires duties substantially similar to those he or
she was found unable to perform due to his or her disability.
   Under the Judges' Retirement Law and the Judges' Retirement System
II Law, specified benefits are provided to the surviving spouse of a
judge who dies in office at a time when the judge was eligible for
service retirement.
   This bill would provide alternative benefits for those surviving
spouses that would be payable if specified conditions exist at the
time of the judge's death and the judge, at any time while in office,
made an irrevocable election to be subject to the bill's provisions.

   Under the Judges' Retirement System II Law, certain benefits are
provided to the surviving spouse of a retired judge who retired for
service and elected to receive a specified allowance.
   This bill would also provide those benefits to the surviving
spouse of a retired judge who retired for disability and was
receiving a monthly allowance, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 75071 of the Government Code is amended to
read:
   75071.  (a) Optional settlement one consists of the right to have
a retirement allowance paid him or her until his or her death and if
he or she dies before he or she receives the amount of his or her
accumulated contributions at retirement, to have the balance at death
paid to his or her surviving spouse, his or her surviving adult
children in equal shares, or his or her estate.
   (b) Optional settlement two consists of the right to have a
retirement allowance paid him or her until his or her death and
thereafter to his or her surviving spouse for life.
   (c) Optional settlement three consists of the right to have a
retirement allowance paid him or her until his or her death, and
thereafter to have one-half of his or her retirement allowance paid
to his or her surviving spouse for life.
   (d) Optional settlement four consists of such other benefits as
are the actuarial equivalent of his or her retirement allowance, that
he or she may select subject to the approval of the Judges'
Retirement System.
  SEC. 2.  Section 75080 of the Government Code is amended to read:
   75080.  (a) If, after retirement for disability, a retired judge
engages in the practice of law or other gainful occupation, the
retirement allowance otherwise payable to him or her shall continue
and shall not be reduced, except as provided in this section.
   (b) If a retired judge becomes entitled to any salary for
assignment to a court by the Chairperson of the Judicial Council
after retirement under Section 75060, the retirement allowance
otherwise payable to him or her shall, during the time he or she is
entitled to receive that salary or other compensation, be reduced by
the amount of that salary or compensation.
   (c) Except as provided in subdivision (d), if a judge who is
retired for disability engages in the practice of law or any other
gainful occupation in which the compensation earned in any month when
combined with the judge's allowance exceeds 75 percent of the salary
payable to the judge holding the judicial office to which the
retired judge was last elected or appointed, the retirement allowance
otherwise payable to the judge shall be reduced by the amount of any
earnings in excess of that amount.  The judge shall report the
compensation earned during each month to the board by the eighth day
of the following month.
   (d) If a judge who is retired for disability engages in the
practice of law or other gainful occupation that requires the
discharge of duties substantially similar to those duties that he or
she was found, pursuant to Section 75060, to be unable to discharge
efficiently because of his or her mental or physical disability, the
retirement allowance otherwise payable to him or her shall cease
permanently.
   (e) Persons affected by this section shall report all compensation
earned in a form and manner required by the Board of Administration
of the Public Employees' Retirement System under penalty of perjury.
The board shall have the authority to require these persons to grant
the board permission to request wage information for the purposes of
verifying the reported compensation earned.  The Employment
Development Department shall report compensation in a form and manner
required by the board in accordance with Section 1798.24 of the
Civil Code.  The board shall reimburse the Employment Development
Department for the costs that the department incurs in searching for
and providing that information.
   (f) When a person described in subdivision (c) reaches the age at
which he or she would have been eligible for retirement, pursuant to
Section 75025, had he or she not incurred the disability, his or her
retirement allowance shall be made equal to the amount it would be if
not reduced under that subdivision, and shall not again be modified
for any cause.
   (g) A judge who is retired for disability or becomes entitled to
any salary for assignment to a court by the Chairperson of the
Judicial Council after retirement under Section 75060 shall not be
eligible to receive service credit in another public retirement
system or under this chapter or to be reinstated to this system.
   (h) The Legislature reserves the right to increase or reduce the
benefits prescribed by this section as it may find appropriate.
  SEC. 3.  Section 75094 is added to the Government Code, to read:
   75094.  (a) Notwithstanding any other provision of this article to
the contrary, the surviving spouse of a judge who (1) died in
office, (2) had attained the minimum age for service retirement
applicable to the judge preceding his or her death, with a minimum of
20 years of service, and (3) was eligible to receive an allowance
pursuant to Section 75025 or 75033.5, shall receive an allowance that
is equal to the amount that the judge would have received if the
judge had been retired from service on the date of death and had
elected optional settlement 2 specified in subdivision (b) of Section
75071.
   (b) A surviving spouse receiving an allowance pursuant to this
section shall have no other claim to benefits with respect to the
Judges' Retirement Fund or with respect to any other provision of the
Judges' Retirement Law.
   (c) The benefits provided by this section are only payable to the
surviving spouse of a judge who elects to come within this section.
Notwithstanding Section 75090, that election may be made at any time
while the judge is in office and, once made, the election is
irrevocable.
  SEC. 4.  Section 75590 of the Government Code is amended to read:
   75590.  (a) A surviving spouse of a judge who was eligible to
retire pursuant to subdivision (a) of Section 75522 shall, within 90
days after the judge's death, elect to receive either of the
following:
   (1) A monthly retirement allowance equal to one-half of the judge'
s benefit factor computed as stated in subdivision (d) of Section
75522 as of the date of death, multiplied by the judge's final
compensation multiplied by the number of years of service credit.
This allowance shall be adjusted for changes in the cost of living as
provided in Section 75523.
   (2) The judge's monetary credits determined pursuant to Section
75520, including the credits added under subdivision (b) of that
section computed to the last day of the month preceding the date of
distribution.
   (b) A surviving spouse of a retired judge who elected to receive a
monthly allowance under subdivision (d) of Section 75522 or who was
retired for disability and receiving an allowance under Section
75560.4 shall receive a monthly allowance equal to 50 percent of the
deceased judge's last monthly retirement allowance.  This allowance
shall be adjusted for changes in the cost of living as provided in
Section 75523.
   (c) (1) Notwithstanding any other provision of this article to the
contrary, the surviving spouse of a judge who (A) died in office,
(B) had attained the minimum age for service retirement applicable to
the judge preceding his or her death, with a minimum of 20 years of
service, and (C) was eligible to receive an allowance pursuant to
Section 75522, shall receive an allowance that is equal to the amount
that the judge would have received if the judge had been retired
from service on the date of death and had elected optional settlement
2 specified in subdivision (b) of Section 75071.
   (2) A surviving spouse receiving an allowance pursuant to this
subdivision shall have no other claim to benefits with respect to the
Judges' Retirement Fund or with respect to any other provision of
the Judges' Retirement System II Law.
   (3) The benefits provided by this subdivision are only payable to
the surviving spouse of a judge who elects to come within this
subdivision.  That election may be made at any time while the judge
is in office and, once made, the election is irrevocable.
